Victim of Police Shooting Snaps Picture of Officer Moments Before He Dies

June 10, 2010— -- A California man who was shot and killed by a police officer photographed the cop just moments before he died, according to prosecutors who have charged the officer with murder.

The prosecution revealed the existence of the photograph as their final piece of evidence on Wednesday, the day before the murder trial of Officer Johannes Mehserle was set to begin. The trial began today in Los Angeles Superior Court, where both sides gave opening statements.

The shooting of Oscar Grant, 22, in the early hours of New Years Day 2009 touched off rioting, and Mehserle became the first California police officer ever charged with murder for an on-duty action.

The dead man's photograph of the man who killed him will now be a crucial piece of evidence in the trial.

The officer claims the shooting was an accident, that he meant to use his Taser on Grant to bring him under control during a struggle, but instead of pulling out his Taser he inadvertently pulled out his service pistol and shot Grant in the back. Mehserle has pled not guilty.

Prosecutors said the picture snapped by Grant shows Mehserle pointing a Taser at him. That is proof, prosecutors argued, that the officer then holstered the Taser before pulling out his gun and intentionally shooting Grant.

Alameda County Assistant District Attorney David Stein said in court Wednesday that Grant took the picture with this cell phone camera as he sat on an Oakland train platform following a fight between Grant and others on a train.

The picture was taken just moments before Grant was placed on his stomach by Mehserle and other officers attempting to arrest him, according to court documents.